People v. Curtis

—Judgment, Supreme Court, New York County (Clifford Scott, J.), rendered December 6, 1993, convicting defendant, after a jury trial, of two counts of assault in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 31h to 7 years, unanimously affirmed.

The trial court properly declined to charge assault in the third degree as a lesser included offense of assault in the second degree, there being no reasonable view of the evidence that the braided belt used to pummel the victim was not a dangerous instrument within the meaning of Penal Law § 10.00 (13) (see,…